Madhya Pradesh High Court: This Appeal was preferred before the Bench of S.K. Awasthi. J., under Section 14-A(1) of the SC/ST (PA) Act, 1989, read with Section 397 of Criminal Procedure Code assailing order passed by Special Judge (SC/ST Act) where charges against appellant were framed for commission of offence under Section 306 read with Section 34 of Penal Code,1860 and Section 3(2)(v) of the Act.
Facts of the case were such that appellant was alleged for abetting the suicide of deceased who in his dying declaration stated appellant to have harassed him and made him work overtime. Ajay Bagadiya, counsel on behalf of appellant contended that so as to allege for offence of abetment of suicide the instigation by accused should have some proximate link with the factum of suicide. Also, no other employee or the deceased had ever complaint against appellant and no evidence showing excessive work given to deceased was shown.
High Court was of the view that allegation of misbehaviour and giving of excessive work after the office hours could not be equated into abetting the deceased to commit suicide. Due to the fact that only one person was accused in this case charge framed with the aid of Section 34 was not required. Further, the Court observed that if the behaviour of higher officials was unbearable then the employee had other options rather than to commit suicide. Therefore, the appellant cannot be held liable for abetment to suicide and the impugned order was set aside. [Satendra Jha v. State of M.P., 2019 SCC OnLine MP 468, dated 06-03-2019]
